SNP slammed for withholding vital Salmond probe papers
Committee investigating debacle urges Government rethink – and hints at forcing it to release info
THE SNP Government has been slammed for refusing to release key documents to a top-level probe into the Alex Salmond affair.
MSPs have criticised the Government for refusing to release vital information to the inquiry being conducted by a powerful Holyrood committee.
Convener Linda Fabiani MSP hinted her committee could compel the release of the documents.
Two years ago, Nicola Sturgeon’s Government investigated claims of sexual misconduct against Salmond when he was first minister.
Salmond pursued a judicial review and was successful when the internal investigation was ruled to be unlawful.
A committee of MSPs was set up to examine a debacle that has cost more than £500,000 of public money.
As part of the committee’s work, MSPs asked the Government for information relating to the judicial review.
However, the Government said “legal professional privilege” restricted what could be given to the committee.
In a letter to Scottish Government permanent secretary Leslie Evans, Fabiani wrote: “I am writing to express the committee’s frustration and disappointment at the very limited amount of information the Scottish Government has chosen to disclose to the committee in relation to the judicial review, which as you are aware is at the core of the committee’s remit.” Concern was also expressed about the categories of documents that were withheld, and how many were held back. She added: “The committee insists that you revisit your decision to withhold the vast majority of information related to the judicial review, with a view to markedly increasing how much you share given the need to act in the public interest.”
Fabiani continued: “The committee expects, as a matter of absolute urgency, a detailed description of the forms of the documents being withheld and the specific grounds for doing so.”
The committee asked the Government to waive legal privilege due to the “importance” of the information.
Fabiani added: “The committee will not hesitate to explore all options available to it to receive the documents it requires for this inquiry if the Scottish Government continues to refuse to provide documents and to provide an adequate explanation for withholding such documents.”
Although the Government has asserted its “privilege” in the communications, the Scottish Ministerial Code is clear that legal advice can be published.
It states: “If, in exceptional circumstances, ministers feel that the balance of public interest lies in disclosing either the source or the contents of legal advice on a particular matter, the law officers must be consulted and their prior consent obtained.
“Such consent will only be granted where there are compelling reasons for disclosure in the particular circumstances.”
Oral evidence for the inquiry begins later this month.